§ MR. JOHN O'CONNOR (Kildare, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that a sworn inquiry by the Local Government Board into the facts connected with the suspension of the town surveyor of Naas, County Kildare, by the Naas Urban Council, was recently held, with reference to the insubordination of the town surveyor in erecting certain lamps in the town of Naas without authority, and in refusing to remove the same on being ordered so to do by the town authority; whether he is aware that, on being requested to hold an inquiry, the Local Government Board 1532 instead of doing so entered into a correspondence with the then suspended town surveyor, with the result that they declined to hold the requested inquiry, and asked the said urban council to reinstate the town surveyor; will he say if it is usual for the Local Government Board to disregard the representations of local governing authorities and act upon the ex parte statements of suspended officials; whether he is aware that the Council refused to reinstate the town surveyor, and demanded an inquiry, which was ultimately granted, with the result of a finding that the town surveyor had been guilty of insubordination and dereliction of duty, and was directed to remove the lamps in question; whether he is aware that the lamps had been already removed by the urban council, and was this fact in evidence before the inquiring inspector; and whether, seeing that the Local Government Board has now ordered or requested peremptorily that the condemned town surveyor should be reinstated in his office and his salary for the five months during which he has been suspended be paid, he will say on what authority the Local Government Board have so ordered or requested, and on what ground they force an official upon a local authority who has been suspended by that authority for conduct that has been disapproved by the Local Government Board.
(Answered by Mr. Birrell.) This matter arose out of the surveyor's misinterpretation of an order of the council as to the erection of lamps. It is the fact that an inquiry was held into the conduct of the town surveyor. As regards the second part of the Question, the Local Government Board, in accordance with their usual practice, afforded the town surveyor an opportunity of replying to the charges which were preferred against him by the urban district council. The Board then informed the urban district council that, on consideration of the facts set forth in the documents submitted by the council and of the surveyor's explanation, there did not seem to be sufficient grounds to warrant his dismissal. The urban district council stated in reply that this letter appeared to be based upon a misapprehension due to misleading statements of the town surveyor, and they renewed their request 1533 to the Board to hold a sworn inquiry. In order, therefore, to clear up the matter, the Board decided to accede to the council's request, and an inquiry was held in due course. It is not correct to say that the Local Government Board found that the town surveyor had been guilty of insubordination and dereliction of duty. The Board's finding was that the surveyor's mistake in his interpretation of the council's order was not altogether incomprehensible owing to the ambiguous wording of the order, and that the evidence was not sufficient to warrant them in confirming the suspension of that officer. In order, however, to put an end to the dispute, the Board stated that the surveyor must obey the orders of the council as to which particular lamp was to be removed, and that if he declined to carry out their directions the Board would sanction his dismissal for wilful disobedience. The council, apparently, did not wish any of the lamps then remaining to be removed, and as Mr. Hall had in the meantime expressed regret for his mistake and his desire to work harmoniously with the council in future, the Board stated in a further letter that under all the circumstances of the case they would not be warranted in sanctioning his dismissal. As regards the concluding portion of the Question, the Board's sanction to the removal of town surveyors is necessary under Section 7 of The Towns Improvement Clauses Act, 1847, which is incorporated with The Towns Improvement (Ireland) Act, 1854.